The Cook Ignored My Food Allergy and I Had a Reaction!

January 13, 2014

What to Do When a Waiter or Cook Ignores your Food Allergy Request

Food Allergy & Allergic ReactionA lot of people don’t understand how serious a food allergy reaction can be. Those people either don’t believe people are really allergic to the food or think that a small amount won’t hurt. They don’t understand that the allergy sufferer could easily end up in the hospital with anaphylaxis. Anaphylaxis is a serious, medical emergency. The airways tighten and the person cannot breath. In a serious case the victim can die if s/he eats something to which s/he is allergic.

What Should you do if Someone Suffers a Serious Food Allergy Reaction?

You should immediately follow these steps if someone is suffering from a serious allergic reaction:

1. Call 911
2. If the person has an emergency shot, administer it (or help the person administer it)
3. Keep the person calm until help arrives
4. Unless the person is physically injured, lay him flat. Cover him to keep him warm.

What Should you Tell your Waiter?

If you are allergic to a certain kind of food, you need to have a frank conversation with your waiter about it.  Be polite, express that you understand you are asking for extra work, but unfortunately you haven’t got any other choice. And if you aren’t really allergic to something, please, don’t say you are allergic. Just be honest. You don’t like it. You are watching your weight. Whatever the reason. You are paying for the meal, after all.

Liability for Failure to Pay Attention to your Allergy?

If you tell a waiter that you are allergic to a food and he ignores you, there could be financial liability on the part of the restaurant. However, the injury from the allergic reaction will need to be serious for there to be a lawsuit.  In a minor case, you should speak to the manager and see if you can come to an understanding. In a major case, i.e. the victim had to go to the hospital, miss work and suffered serious harm, a lawsuit might be appropriate. If you or a loved one experienced a serious medical emergency as a result of the negligence of a restaurant, contact the Philadelphia personal injury lawyers of Lowenthal & Abrams. We will listen to what happened and give you an honest opinion of your case.


national trial lawyers
philadelphia life awesome attorneys
Suburban life
newsweek top attorney
ASLA award
million dollar advocated forum 
million dollar advocated forum 
bbb accredited business
Silver Badge
best personal injury lawyers in Philadelphia 2022 award
How Can We Help?

Contact us for a FREE consultation. No fee unless compensated.

    Bala Cynwyd
    Cherry Hill
    New Brunswick
    New York